88Failing to advertise new dwellings

#### 88 Failing to advertise new dwellings (1) A person (the developer) commits an offence if: (a) the developer is specified in an exemption certificate given under section 57 in relation to an interest in Australian land on which a new dwelling will be, is being or has been built; and (b) the developer disposes of an interest in the dwelling to a foreign person; and (c) the certificate includes a condition requiring the sale of the dwelling to be advertised (however described) in Australia; and (d) at the time the foreign person acquires the interest, the dwelling has not been advertised in accordance with the condition. Penalty: Imprisonment for 10 years, or 30,000 penalty units (or 300,000 penalty units if the developer is a corporation), or both. (2) Paragraph (1)(c) does not limit where the sale of a new dwelling may otherwise be advertised.